Female employees will produce, can the company be dismissed

1. You and the company have a de facto employment contract, even if the contract is not renewed. Therefore, it is important to keep evidence of the non-renewal period: such as pay slips, company punch certificates, etc.

2. The company cannot dismiss you for any reason, because you are already pregnant, until the expiration of the lactation period, that is, 1 year after giving birth. Of course, you can't seriously violate the company's rules, otherwise you can be dismissed.

Third, you have to consider whether you want the job or want to get some compensation and leave.

1. If you want to continue to work, as long as the company does not issue you a written notice (and has an official seal), please continue to work in the company, and the company needs to pay your salary on time. At the same time, take care to keep evidence of going to work.

2. If you want to mediate and get some compensation, you can fight with the company and reach an agreement between the two parties. The state stipulates that dismissal is not possible, so there is no amount of compensation that can be referred to. But it can be considered:

Maternity leave is payable in full for 90 days and one month for each year of service (up to a maximum of 12 months) for dismissal

3. I personally recommend that you get at least 3 months of salary compensation.

4. It is sufficient to apply for labor arbitration to the labor bureau of the district where the unit is located.

Note: Attention must be paid to the preservation of documentary evidence throughout the process.

Three ways: take care of it too. (The easiest).

2. Labor litigation. (commonly used by many people).

3. Court prosecution. (too much work).

It is best to use the second type, which is faster and saves effort and time.

According to the labor law, it is absolutely not, and if you want to be dismissed, you must make up the money, and if you do not pay the insurance, you will also be responsible for the maternity expenses.

If the employer illegally dismisses a lactating employee, it needs to compensate the employee according to the standard of double the economic compensation for the employee, that is, for every year of the employee's service in the unit, the employee will be compensated for two months' salary; if it is more than six months but less than one year, it shall be calculated as two months' salary; If the employee does not serve for six months, he will be compensated for one month's salary.

1. If the female employee requests to continue to perform the labor contract, the employer's decision to terminate the labor contract shall be revoked, and both parties shall continue to perform the labor contract. If the employee's wage income is lost, the employer shall also pay the wages. If the term of the labor contract expires during the course of the case, the employer shall revoke the employer's decision to terminate the labor contract, determine the termination of the labor contract between the two parties, and order the employer to pay wages and benefits up to the date of termination of the labor contract.

2. If the female employee does not request to continue to perform the labor contract, it may be deemed that the employer proposes that the labor contract be terminated by mutual agreement, and the time for terminating the contract shall be determined until the expiration of the "three periods" of the female employee. If the term of the labor contract has not expired on the date of expiration of the "third period" of the female employee, or there is only a de facto employment relationship between the two parties, the employer shall pay the female employee's wages until the date of the expiration of the "third period", and pay the severance of the termination of the labor contract. If the labor contract of the female employee has expired on the date of expiration of the "third period", the employment contract between the two parties shall be deemed to have been terminated upon the expiration of the term, and the employer shall not be required to pay the female employee Xie Yansong the severance compensation of the labor dispute.

Legal analysis: (1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or a suspected occupational disease patient is during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

Legal basis: Special Provisions of the People's Republic of China on Labor Protection of Female Employees

Article 5: Employers must not reduce the wages of female employees due to their pregnancy, childbirth, or breastfeeding, or terminate their labor or employment contracts with them.

Article 6: Where female employees are unable to adapt to their original work during pregnancy, the employer shall, on the basis of the medical establishment's certificate, reduce the amount of work or assign other work that can be adapted to the child.

For female employees who are more than 7 months pregnant, the employer shall not extend the working hours of Donghe or arrange night shifts, and shall arrange a certain amount of rest time during the working hours.

If the labor contract is terminated illegally on the grounds of pregnancy, the female employee can claim double economic compensation.

According to Article 40 of the Labor Contract Law, under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying Lao Kaifeng an additional month's salary: (1) the employee is sick or injured not due to work, and after the expiration of the prescribed medical treatment period, Sun Yin is unable to perform the original job, nor can he engage in the work arranged by the employer;

Article 42 stipulates that an employer shall not terminate a labor contract in accordance with Articles 40 and 41 of this Law under any of the following circumstances: (4) the female employee is pregnant, giving birth or breastfeeding;

In summary, the employer cannot terminate the labor contract on this ground, otherwise it will be illegal to terminate the labor contract, and according to Article 17 of the Labor Contract Law, it can claim double the economic compensation.

However, if the employee violates the provisions of Article 39 of the Labor Contract Law and terminates the labor contract, this is a legal termination and there is no severance payment.

An employer may not terminate a labor contract on the grounds that a female employee is pregnant. If such a situation does exist, the company is breaking the law.

If a female employee is dismissed, the following rights protection measures can be taken:

File a complaint. A female employee can file a complaint with the company to reconsider and revoke her decision to terminate the employment contract.

2.During this time, employees are advised to gather as much evidence as possible and keep the appropriate documents.

Seek labor arbitration. Female employees can seek help from the local labor arbitration institution, file an arbitration application, and protect their rights and interests through the arbitration process. In this process, attention needs to be paid to the submission of relevant evidence and documents.

3.Direct prosecution. If the negotiation fails, the female employee can also file a civil lawsuit directly with the court, demanding that the company compensate for the corresponding economic losses and mental damages.

In summary, it is illegal for a company to terminate a female employee's employment contract because she is pregnant. Female employees can protect their rights by filing a complaint, seeking labor arbitration, or filing a direct lawsuit. However, before proceeding with the rights protection process, female employees need to fully investigate and understand the relevant legal provisions and details, and seek professional legal help.

The company negligently dismisses the employee when one of the following circumstances: serious dereliction of duty, malpractice and malpractice, causing significant damage to the employer; Those who have been pursued for criminal responsibility in accordance with law; During the probationary period, it is proved that they do not meet the employment requirements; Other. Dismissal without fault in one of the following circumstances:

The worker is incompetent for the job, and is still incompetent for the job after training or transfer; Those who are unable to engage in their original work or work arranged separately after the expiration of the medical treatment period; Other.

Article 39 of the Labor Contract Law of the People's Republic of China An employer may terminate a labor contract if a worker falls under any of the following circumstances: (1) It is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.